R v Smith (Donald)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE EDMUND DAVIES |
| Judgment Date | 01 May 1973 |
| Judgment citation (vLex) | [1973] EWCA Crim J0501-1 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No. 5283/A/72 |
| Date | 01 May 1973 |
[1973] EWCA Crim J0501-1
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
Lord Justice Edmund Davies
Mr. Justice Willis
and
Mr. Justice Bean
No. 5283/A/72
MR. BATHURST MORRIS (for Mr. B.A. Payton) appeared on behalf of the Appellant.
MR. R.E. AULD appeared as Counsel for the Crown.
On the 4th October 1972 Donald Sydney Smith was convicted inter alia on counts 12 and 13 of an Indictment alleging fradulent importation and exportation of cannabis, contrary to Section 304(b) and Section 56(2) respectively of the Customs and Excise Act 1952. He applied for leave to appeal against his conviction and sentence on those two counts and indeed upon other counts to which it is not necessary for us to refer. On the 17th April we purported to dismiss his application for leave to appeal, but as a question of law was involved in the conviction on those two counts, the proper order that we should have made was to grant leave to appeal against conviction and to proceed with the substantive appeal. Immediately this was realised, we gave directions that the order of this Court should not be drawn up, and it has not been.
We now grant the application for leave to appeal against the conviction of Smith on counts 12 and 13, and with the concurrence of defending Counsel we treat the hearing before us as the hearing of the Appeal itself.
For the reasons given in the Judgment of the Court delivered by Mr. Justice Willis, we dismissed the Appeal against conviction on all counts in the Indictment including of course counts 12 and 13, and as he stated, the Application in relation to sentences is refused.
The Defendant now applies under Section 33 of the Criminal Appeal Act 1968 for the certificate of this Court that a point of law of general public importance is involved in the decision, and for leave to appeal to the House of Lords against this Court's decision dismissing his appeals in respect of the convictions under counts 12 and 13.
We certify that the following points of law of general public importance are involved in our decision relating to those two convictions: "If goods, the subject of prohibitions upon importation into and exportation from the United Kingdom are sent by air...
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